Section 17-3321. MOTIONS AND OTHER PLEADINGS  


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    3321.1Except by leave of a board during a hearing, a party shall make an application for an order or other relief by filing a written motion. A motion shall state with particularity the grounds on which it is based and clearly set forth the order or relief sought. If a motion is supported by memoranda, affidavits, or other papers, the movant shall attach them to and serve them with the motion.

     

    3321.2A copy of each motion, response, opposition, reply, or other pleading filed with a board shall be served on each party, and a certificate of service shall appear at the end of the pleading showing the date and method of service.

     

    3321.3A party may file a response or opposition to a motion within ten (10) days after service of the motion, but a board, in its discretion, may shorten or extend this time, with proper notice to parties. The response or opposition may not include a motion for other affirmative relief against the moving party.

     

    3321.4A reply to a response or opposition may be filed within three (3) business days after service of the response or opposition, but the reply may not reargue propositions presented in the motion or present matters that are not strictly in reply to the response or opposition. No further pleading may be filed except by leave of a board for extraordinary cause.

     

    3321.5A motion or other pleading shall meet the following additional requirements:

     

    (a)It shall be typewritten on business size eight and one-half by eleven inch (8 1/2" x 11") paper;

     

    (b)It shall contain the name of the case and number of the case, if any;

     

    (c)It shall be double-spaced, except footnotes and quotations, which may be single-spaced;

     

    (d)It shall be signed by the party on whose behalf it is filed or by that party's counsel; and

     

    (e)Subject to § 3321.6, it shall be accompanied by a number of copies that corresponds to the number of members of a board established by an Act listed in § 3301.1, plus one (1), unless a board permits the parties to file a lesser number of copies.

     

source

Final Rulemaking published at 35 DCR 3488, 3504 (May 13, 1988).